2014 Legislation. Michael Berg Associate Senior Underwriting Counsel Stewart Title Guaranty Company May 6 and 7, 2014

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1 2014 Legislation Michael Berg Associate Senior Underwriting Counsel Stewart Title Guaranty Company May 6 and 7, 2014

2 HB-1073 Recording of Deeds and other Documents This bill continues to allow title companies, abstractors and others to subscribe for a daily copy in bulk of all documents recorded and filed, but no longer on only an annual basis. Eliminated from the bill was a requirement that a document had to be legible in order to be recorded.

3 HB-1073 cont. Sections of the bill provide that a Verification of Death document may be recorded in place of a Death Certificate for a deceased person. This must be certified by the state registrar after a Death Certificate has been filed and will include the name, address, date of death, state file number, place of death and name of the spouse, but not the SS number.

4 HB-1073 cont. Either a Death Certificate or a Verification of Death can be used to prove a death. The bill lets the Clerk establish payment of the documentary fee in the recording annotation or in other ways such in a separate stamp.

5 HB-1086 Statewide Legal Notice Web Site Any newspaper that publishes legal notices is required to also place each notice on a statewide web site established and maintained by an organization representing a majority of Colorado newspapers as a repository for the notices.

6 HB-1112 Redaction of Social Security Numbers Recorder must redact the first five digits of a SS number upon request of the person assigned the number or his designee by POA, appointed personal representative, custodian, conservator or guardian if: Document is in electronic form. Clerk has equipment to redact automatically, and Person requesting makes the request in writing and pays a fee. Clerk may, but is not required to, make the redaction even if don t have automatic equipment. More recent documents rarely include a SS number.

7 HB-1130 Remit Unpaid Cure Fees to Borrower All costs and fees charged to a borrower must be accurately accounted for by the attorney for the foreclosing lender by providing receipts or other proof of costs. Any overpayments based on prepayments or estimates must be promptly refunded to the borrower. The lender must keep receipts supporting the costs claimed on the cure statement.

8 HB-1136 Regulation of Continuing Education A 2013 bill inadvertently eliminated a provision important to the ability of professional associations to provide educational classes to non-members. This amendment exempts from regulation by the Division of Private Occupational Schools continuing professional education offered by a bona fide nonprofit trade organization that primarily benefits that organization s membership or mission. Must be approved by the applicable licensing entity.

9 HB-1143 Residential Storage Condo Unit as Real Property If a storage space is a unit under CCIOA, used to store items from or related to the owner s (or lessee for one year or more) residence, and not used for storage related to a business, it is a residential storage condo unit. Owner must file an affidavit stating that the unit meets the above definition and Assessor may inspect to confirm. Taxed at a reduced rate until the unit is transferred or it no longer meets requirements.

10 HB-1347 Seven-day Court Time Intervals Changes time periods in certain court proceedings to 7 day periods or multiples of 7 days. Changes the number of days with relation to the expiration of a lis pendens to 49 days after an appealable order is entered saying the property will not be affected or a final order as to all parties and 35 days after a nonappealled mandate from an appeals court.

11 SB-9 Disclose Separate Ownership of a Mineral Estate Requires the Real Estate Commission to create a rule by that requires a detailed disclosure that the mineral estate may be separate from the surface estate in the contract of sale or property disclosure and the property may be subject to oil, gas or mineral extraction involving the surface. Applies to sales subject to REC jurisdiction and all sales after No duty to investigate and title companies do not have increased duties.

12 SB-63 Mandatory Review of State Agency Rules No later than 1/1/15 and periodically thereafter on a schedule established by DORA, each department must review its existing rules to see if they should be amended, repealed or stay as they are. The rule making agency or official must consider if rules are necessary, duplicate other rules, written in plain language and easy to understand, should be amended, should be subject to a cost benefit analysis, repealed etc.

13 SB-92 Insurance Fraud Crime Creates the crime of insurance fraud. Criminalizes various claimant and insurance broker or agent conduct. Illegal acts include: Providing false information or material in an insurance application, a claim containing false or withheld information, presenting a claim where loss preexisted the policy, presenting false information to support or oppose a claim, diverting premium, etc. Insurance fraud by an insurance producer results in license revocation as well as criminal penalties.

14 SB-210 Pre-exam and Draft Report Conference Commissioner of Insurance must hold a pre-examination conference before a market conduct exam is begun and a conference before issuing a draft examination report. This must be done in accord with the NAIC handbook.

15 Cygan Case Update Supreme Court withdrew its opinion. Legislature amended CRS to provide that the fact that a recorded document omits a legal description is not by itself enough to invalidate the document. Must consider the totality of the circumstances to determine validity as against persons obtaining rights in the property and validity for recording purposes.

16 Questions? Mike Berg (303)